Azhagesan v. Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioners/A2, A3 and A4, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 148, 294(b), 323, 435, 436, 506(ii) IPC r/w Section 3 of TNPPDL Act, in Crime No.426 of 2023, on the file of the respondent police, seek anticipatory bail.

2. It is stated that the grandson of the defacto complainant fell in relationship with the daughter of the A1 and A5 and agitated over that, they along with their son/A2, and other relatives/A3 and A4, had gone over to the house of the defacto complainant and entered into a quarrel, which escalated into violence. They had also damaged the household articles worth about Rs.4,00,000/-. It is stated that subsequently the daughter has married the grandson of the defacto complainant.

3.Taking all these factors into consideration, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions: 4.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from

the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Thirupathur, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of this Court concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioners one and two shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[c] the third petitioner shall report before the respondent police once in a week at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

05.12.2023 dk/rna

C.V.KARTHIKEYAN,J.

Dk/rna

05.12.2023